ACTION from the Regular City Council Meeting Held
Monday, May 15, 2000 at 1:30 p.m.
ALL MEMBERS PRESENT.
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 1 THRU 7 HAD PUBLIC HEARING.)
1) 00-90 Approving a contract between the City, Lincoln Haymarket
Development Corp., & Downtown Lincoln Assoc. to operate &
regulate a mid-week public market in the Marketplace area
at 12th St. from Q to R St. & R St. from 12th to 13th Sts.
2) 00-92 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "M" by
changing the title of "City Auditor" to "City Controller."
3) 00-93 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "A" by
deleting the titles of "Engineering Technician III" &
"Engineering Technician IV."
4) 00-94 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "N" by
creating the classifications of "Radio System Lead Tech-
nician" & Utility Plant Mechanic II" & by deleting the
classifications of "Engineering Technician I," "Utility
Worker," "Assistant Wastewater Treatment Plant Operator,"
& "Wastewater Treatment Plant Operator I."
5) 00-95 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letters "A" &
"C" by changing the titles from "Engineering Technician II"
to "Engineering Technician," from "Civil Engineer I" to
"Civil Engineer," from "Communications Systems Maintenance
Supervisor" to "Radio System supervisor," from "Wastewater
Treatment Plant Operator II" to "Wastewater Treatment Plant
Operator," to change the class code of "Utilities Service
Supervisor from Class Code "5335" to "1142."
6) 00-96 Amending the pay schedules of employees whose classifications
are assigned to the pay range prefixed by the letter "N" by
changing the Class Title from "Utility Plant Mechanic" to
"Utility Plant Mechanic I."
7) 00-97 Authorizing the issuance of up to but not to exceed
$3,500,000 City of Lincoln, Nebraska Municipal Infrastructure
Redevelopment Fund Bonds, Series 2000. (RULES SUSPENDED TOHAVE 3RD READING ON THIS DATE, 7-0; PASSED, 7-0; #17667.)PUBLIC HEARING - RESOLUTIONS
8) App. of People's City Mission Foundation at 110 Q St. to
conduct a raffle within the City of Lincoln through August
19, 2000. (ADOPTED, 7-0; A-80179.)
9) Assessment Resolutions for Special Assessment Group I, Board
of Equalization Meeting, May 22, 2000, at 10:00 a.m.
(ADOPTED, 7-0.)
10) 00R-140 Approving or denying a requested transfer of the cable
television franchise from a subsidiary of Time Warner Inc.
to AOL Time Warner Inc. (PLACED ON PENDING, 7-0.)
11) 00R-142 Approving the License Agrmt. between the City & PGA
Professional Denis M. Vontz for golf professional/managers
at Pioneers Golf Course for a 3-yr. period from June 1, 2000
through April 30, 2003. (ADOPTED, 7-0; A-80180.)
12) 00R-143 Accepting the report of new & pending claims against the
City & approving disposition of claims set forth therein for
the period of April 16 through 30, 2000.
(ADOPTED, 7-0; A-80181.)
13) 00R-144 Appointing Roger Kreifels & Mike Barry to the Gas Piping
Exam Board for 3-yr. terms expiring April 1, 2003. (ADOPTED,7-0; A-80182.)
14) 00R-145 Reappointing Matt Morrissey, Doug Biggerstaff, & Mike
McNiff to the Gas Piping Exam Board for 3-yr. terms expiring
April 1, 2003. (ADOPTED, 7-0; A-80183.)
15) 00R-146 Appointing Gina C. Dunning as the Director of the Lincoln
Area Agency on Aging. (ADOPTED, 7-0; A-80184.)PETITIONS & COMMUNICATIONS
16) MISCELLANEOUS REFERRALSREPORTS OF CITY OFFICERS
17) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on May 1, 2000. (PLACED ON FILE)
18) Investment of Funds. (ADOPTED, 7-0; A-80186.)ORDINANCES - 1ST READING (ITEMS 19 THRU 25 HAD 1ST READING.)
19) 00-98 Amending the corporate limits of the City by annexing approx.
251.6 acres of property generally located at N. 84th St. &
Havelock Ave. (In connection w/00R-151)
20) 00-99 Change of Zone 3251 - Amending Secs. 27.58.010 & 27.58.020
of the Lincoln Municipal Code (LMC) to amend the reference
from "Comprehensive Plan figure 21" to "Official Zoning Map
of the City of Lincoln."
21) 00-100 Amending Title 5 of the LMC by adding a new Chapter 5.17
pertaining to telecommunications providers using the City's
rights-of-way to establish definitions, standards, & permit
fees for the use of rights-of-way; to provide for insurance,
bonding, & construction standards for telecommunications
facilities located in rights-of-way; to establish procedures
for reviews of decisions regarding telecommunications
facilities; & to provide for enforcement of this ordinance.
22) 00-101 Adopting a revised Employee's Retirement Plan to eliminate
outdated, obsolete language; to change provisions regarding
employee contributions; to provide for pre-tax contributions;
to change the vesting schedule; to eliminate provisions
relating to forfeitures of City contributions; to change
provisions regarding re-participation in the retirement plan
after a break in service with the City; & to change
provisions relating to early retirement.
(PLACED ON PENDING UNTIL 6/5/00, 5-2; COOK & SENG DISSENTING.)
23) 00-102 Amending Chapter 2.62 of the LMC relating to the Police &
Fire Pension Plan - Plan "A" by amending Section 2.62.020 to
provide for a definition of "DROP", the Deferred Retirement
Option Plan, for the Police & Fire Pension Plan "A"; & adding
a new section numbered 2.62.045 to establish the requirements
for participation by Police & Fire Pension Plan "A" members
in the Deferred Retirement Option Plan.
24) 00-103 Amending Chapter 2.65 of the LMC relating to the Police &
Fire Pension Plan - Plan "B" by amending Section 2.65.020 to
provide for a definition of "DROP", the Deferred Retirement
Option Plan for the Police & Fire Pension Plan "B"; & adding
a new section numbered 2.65.045 to establish the requirements
for participation by Police & Fire Pension Plan "B" members
in the Deferred Retirement Option Plan.
25) 00-104 Amending Chapter 2.66 of the LMC relating to the Police &
Fire Pension Plan - Plan "C" by amending Section 2.66.020 to
provide for a definition of "DROP", the Deferred Retirement
Option Plan for the Police & Fire Pension Plan "C"; & adding
a new section numbered 2.66.045 to establish the requirements
for participation by Police & Fire Pension Plan "C" members
in the Deferred Retirement Option Plan.
ORDINANCES - 3RD READING
26) 00-87 Change of Zone 3241 - App. of Pearle Finigan for a change
from AG Agricultural to AGR Agricultural Residential on
property generally located at the southwest corner of 84th
St. & Waverly Rd. (PLACED ON PENDING FOR 2 WEEKS TO 5/30/00,7-0.)
27) 00-88 Change of Zone 3250 - App. of the Planning Director to amend
Chapter 27.71 of the LMC to add a section to the zoning
ordinance to make possible a use permit upon a premises
which does not meet the minimum district acreage requirement
of the O-3 Office Park, B-2 Planned Neighborhood Business,
B-5 Planned Regional Business or I-3 Employment Center Dists.
(PASSED, 7-0; #17668.)
28) 00-89 Change of Zone 68HP - App. of the Lincoln Woman's Club
for a landmark designation for the Woman's Club clubhouse at
407 S. 14th St. (PASSED, 7-0; #17669.)
29) 00-91 Amending Title 2 of the LMC relating to the Fire Dept.
to delete references to the Bureau of Fire Prevention;
relating to the duties & responsibilities of the Fire Chief
to delete the responsibility to inquire into the cause of
all fires which may occur in the City, to keep records there-
of, & repealing the section regarding the investigation of
fires in the City. (PASSED, 7-0; #17670.)
30) 00-76 Creating Paving Dist. 2617 in 73rd St. from Cuming to
Thurston Sts. (5/1/00 - Passed, 7-0; #17661.) (5/8/00 -
Reconsidered) (AMENDED, 7-0; PASSED, 7-0; #17661.)PENDING LIST (EXTENDED ONE WEEK.)
31) 95-128 Change of Zone 2912 - App. of Don Fauth for a change from
AG to AGR on property generally located ½ mi. west of
Coddington at SW 27th St. & Old Cheney Rd. (10/14/96 -
Placed on Pending)
32) 98-52 Declaring city-owned property legally described as the
remaining portion of Lots 226-229, Ridgeview Add., except the
north 10' of said lots, generally located at N. 5th & Adams
St., as surplus & authorizing the sale thereof.
(4/6/98 - Placed on Pending)
33) 97-122 Amending Sec. 5.04.060 of the LMC to prohibit issuance of
special designated licenses for sale of liquor to the
general public in the downtown area on home football game
days. (8/25/97 - Amended; Placed on Pending)
34) 99R-289 Comp. Plan Amendment 94-38 - App. of the Planning Director
to incorporate the Beal Slough Basin Stormwater Master Plan
by reference as an approved component of the Comprehensive
Plan. (12/6/99 - Placed on Pending until Spring of 2000 for
cont'd Public Hearing)
35) 97-142 Change of Zone 3076 - App. of Dustrol, Inc. for a change
from AG Agricultural to H-4 General Commercial on property
generally located on the south side of Arbor Rd., west of N.
56th St. (9/22/97 - Placed on Pending)
36) 98-153 Change of Zone 3141 - App. of Randy Rohlmeier for a change
from R-2 Residential to I-1 Industrial, on property generally
located at the southwest corner of N. 33rd St. & Leighton
Ave. (9/21/98 - Placed on Pending)
37) 99R-134 Approving a recommendation that the Mayor amend Admini-
strative Regulation #9 to allow for the creation & implemen-
tation of a take-home vehicle program for police officers in
targeted revitalization strategy areas. (5/10/99 - Placed
on Pending)
38) 99-93 Amending the corporate limits of the City by annexing approx.
45 acres of property generally located at S. 14th St. &
Mockingbird Lane North. (8/23/99 - Placed on Pending for 6
months)
39) 00-35 Amending Section 9.16.230 of the LMC to define "nudity", to
make it unlawful for a person to appear in any public place
in a state of nudity, & providing exceptions thereto.
(2/22/00 - Placed on Pending until a Supreme Court Case
Decision)
40) 00R-64 Special Permit 1423C - App. of Dru, Guy, & David Lammle to
amend the Himark Estates C.u.P. to add land, increase the
assigned number of dwelling units from 240 to 300 multi-
family dwelling units, & to approve the site plan for the
multiple family area, on property generally located at
the northeast corner of S. 84th St. & Old Cheney Rd.
(3/13/00 - To remain on Pending)
41) 00-31 Amending Chapter 5.38 of the LMC to include condominiums for
the purpose of ensuring compliance with the minimum housing
standards. (3/6/00 - Placed on Pending)
42) 00-65 Change of Zone 3196 - App. of the Interim Planning Director
for a change from B-1 Local Business & R-3 Residential to
B-2 Planned Neighborhood Business & from R-3 Residential to
AGR Agricultural Residential, on property generally located
at S. Coddington Ave. & W. Van Dorn St. (In connection
w/00-67) (4/17/00 - Placed on Pending)
43) 00-67 Change of Zone 3247 - App. of the Interim Planning Director
for a change from AGR Agricultural Residential & R-3
Residential to B-2 Planned Neighborhood Business, on property
generally located on the southwest corner of S. Coddington
Ave. & W. Van Dorn St. (In connection w/00-65)
(4/17/00 - Placed on Pending)
44) 00-72 Change of Zone 3245 - App. of Manette Kidney for a change
from AG Agricultural to O-2 Suburban Office on property
generally located at S. 84th St. & Old Cheney Rd. (4/24/00
- Reconsidered & Placed on Pending)
45) 00R-126 Approving & supporting the Report & Recommendations of
the Lancaster County Medical Society contained in the
document entitled "Independent Medical Oversight for
Pre-Hospital Medical Care" which recommends an emergency &
non-emergency medical system for the City. (4/24/00 -
Placed on Pending until a Provider is picked)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 22, 2000: (APPROVED, 7-0.)
46) 00R-147 Ordering Water Dist. 1179 constructed in Plum St., from
Gillespie to approx. 350 feet east.
47) 00R-148 Ordering Water Dist. 1180 constructed in 33rd St. from
Superior St. north to approx. Meridian Dr.
48) 00R-149 Waiving the design standard conditions for the installation
of sidewalks for the Admin. Final Plat of Evan's Subdivision
on property generally located on the west side of S. 38th
St., north of Sewell St.
49) 00R-150 Approving the Corporate License Agrmt. between the City &
Novell, Inc. for the purchase of Novell licenses from an
approved partner.
50) 00R-151 Approving an Annexation Agrmt. between the City, Lancaster
County Agricultural Society, Inc., & the Board of Regents of
the University of Nebraska outlining certain conditions &
understandings with regards to the annexation of approx.
251.6 acres of land generally located at N. 84th St. &
Havelock Ave. (In connection w/00-98)
51) 00R-152 Approving an Agrmt. between the City & the State Department
of Roads to reconstruct Vine St. from Mahoney Dr. to 59th
St. under the designation of Project Number STPP-5240(2).
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED ON THE
FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE CURRENT AGENDA, OR
NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, SHOULD NOTIFY THE CITY
CLERK BY 10:00 A..M. THE WEDNESDAY (5/17/00) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (5/22/00).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY
DO SO AT THIS TIME.
ADJOURNMENT 2:40 P.M.
UPCOMING HEARINGS
Hearing date of Mon., May 22, 2000, at 10:00 a.m. on the Board of
Equalization Special Assessment Group I.
Hearing date of Mon., May 22, 2000 at 1:30 p.m. on the request of
O'Fourteen, Inc. dba Woody's Pub for an addition of their licensed
premise at 101 N. 14th St.
Hearing date of Mon., May 22, 1000 at 1:30 p.m. on the request of
Indian Food Associates of Nebraska, Inc. dba The Oven for an addition
of their license premise at 201 N. 8th St.
16) MISCELLANEOUS REFERRALS
Setting Hearing Date of Tues., May 30, 2000 at 6:30 p.m. on the App.
of Aquamatic, Inc. dba U-Stop Convenience Shop for a Retail Class B
Liquor License at 2700 South St. (ADOPTED, 7-0; A-80185.)
UNL Microbiologist Report of water tested for the month of April, 2000.
(PLACED ON FILE)
Five Petitions to Vacate Public Way in W. Pine Lake Rd. abutting Lazy
Acres Subdivision submitted by Charles & Louise Kiner, Emily Harris,
Dianne Reznicek, Melva Plouzek, & Joan Kiple. (REFERRED TO LAW DEPT.)
Petition to Vacate Public Way in Field & Holmes Sub., Block 2, Lots 1
thru 4 submitted by Guadalupe & Helen Delgado. (REFERRED TO LAW DEPT.)
Lincoln Water & Wastewater System Recapitulation of Daily Cash Receipts
for month of April, 2000. (PLACED ON FILE)
Reports from City Treasurer of Telecomm. Occ. Tax due as follows:
March, 2000: Calls for Less, GE Capital Comms.; April, 2000: Operator
Comms., One Call Comms. (PLACED ON PENDING)
City Treasurer's Monthly City Cash Report at the close of business
April 30, 2000. (PLACED ON FILE)
App. of St. Thomas Aquinas Church/Newman Center to conduct a raffle &
a lottery within the City of Lincoln. (HEARING DATE SET FOR MON.,MAY 22, 2000, 7-0.)THE FOLLOWING APPLICATIONS WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3256 - App. of Planning Director for a text change
amendment to LMC Sec. 27.58.070.
Change of Zone 3258 - App. of Planning Director for a change from P to
I-1 on property at N. 6th & BNRR.
Use Permit 129 - App. of R. C. Krueger Development to develop &
construct a commercial area in the B-2 Zoning Dist. at S. 14th &
Vavrina Blvd.
Special Permit 1838 - App. of Irvin Cidlik to expand the DAV Lounge at
3901 N. 70th.
Special Permit 1840 - App. of Angie Muhleisen to build a parking lot
at 47th & Hillside.
Special Permit 1841 - App. of Donald Spilker to waive the setback
requirement to store vehicles for sale or re-sale in the front yard
at 2900 Cornhusker Hwy.